Additional information on Foreign Domestic Helpers (FDHs) policies undertaken by the HKSAR government since 2018
Dear Labour and Welfare Bureau,
Thank you for providing detailed information on FDHs and HKSAR policies. I would like to request some additional information, especially on children in relation to FDHs. If these questions cannot be answered within the Labour and Welfare Bureau, I would like to ask you if they can be transferred to the right organization.
Question 1) Can you clarify the HKSAR government's position on the rights of children born to Foreign Domestic Helpers in Hong Kong? How does their immigration status work, are they granted the legal right to reside in the city and live with their FDH mothers?
Question 2) Could you provide statistics on the number of children born to FDHs in Hong Kong over the past decade?
Question 3) Could you share data regarding how many children born to FDHs are sent back to their parents' country of origin versus those who remain in Hong Kong?
Question 4) Is it illegal to terminate the employment of an FDH who is pregnant? If so, what penalties apply to employers who unlawfully terminate the employment of a pregnant FDH? Is there information available to pregnant FDH's about how to access legal advice and other support if their employment is terminated?
Question 5) What support mechanisms are in place for children of FDHs who are born in Hong Kong, especially in terms of education and healthcare?
Question 6) Are there any plans to review or amend the current policies regarding the residency status of children born to FDHs in Hong Kong?
Question 7) How does the HKSAR government ensure that the rights of children of FDHs are upheld in accordance with international child rights conventions?
Yours faithfully,
David Wilson
本局已收悉閣下的電子郵件。如有需要，我們會盡快作出適當跟進。謝謝。 勞工及
福利局 (此為電腦自動發出的訊息。) This is to acknowledge receipt of your
email. We shall take follow-up action, where appropriate, as soon as
possible. Thank you. Labour and Welfare Bureau (This is generated by an
auto-reply programme.)
Dear Mr Wilson,
Your application for access to information dated 9 October 2023 has been
received. The application is now being processed and a reply will be given
to you in due course.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
Dear Mr Wilson,
Further to our email dated 19 October 2023, having consulted the Education
Bureau, the Health Bureau, the Labour Department and the Immigration
Department, our consolidated reply is as follows.
Question 1:
The immigration status of a child born in Hong Kong would be subject to
the legitimacy of the child, nationality and the immigration status of the
parents, regardless whether the parent is a Foreign domestic helper (FDH)
in Hong Kong.
Question 2:
The Immigration Department does not maintain the requested statistics.
Question 3:
The Immigration Department does not maintain the requested statistics.
Question 4:
FDHs in Hong Kong enjoy the same maternity protection under the Employment
Ordinance (EO) as the local labour force. Except in cases of summary
dismissal due to an employee’s serious misconduct, it is unlawful for an
employer to dismiss an employee from the date on which she is confirmed
pregnant by a medical certificate to the date on which she is due to
return to work upon the expiry of her maternity leave (Note).
An employer who contravenes the above provision is liable to prosecution
and, upon conviction, to a maximum fine of $100,000. Besides, the
employer is required to pay the following sums of money to the dismissed
employee within 7 days after the day of termination: (1) payment in lieu
of notice; (2) a further sum equivalent to one month's wages as
compensation; and (3) maternity leave pay if, but for the dismissal, she
would have been entitled to such payment. The employee may also claim
remedies for unreasonable and unlawful dismissal under the part of
employment protection of the EO.
FDHs who suspect their statutory or contractual employment benefits being
infringed upon contract termination can seek assistance from the Labour
Relations Division (LRD) of the Labour Department (LD)
([1]www.labour.gov.hk/eng/tele/lr1.htm). LRD provides free in-person
consultation service to employers and employees (including FDHs) on
matters relating to conditions of employment and their rights and
obligations under EO as well as voluntary conciliation service free of
charge to help settle employment claims. If the case cannot be resolved
through conciliation, the FDH concerned may seek adjudication at the Minor
Employment Claims Adjudication Board or the Labour Tribunal, depending on
the claim amount.
Moreover, LD has published practical guide, handbook, etc. in a number of
FDHs’ native languages to enhance understanding of their statutory and
contractual rights and obligations as well as the channels for seeking
assistance. For example, the “Practical Guide for Employment of Foreign
Domestic Helpers - What Foreign Domestic Helpers and Their Employers
Should Know” covers information on FDHs’ maternity protection (Chapter 6),
employment protection (Chapter 10) as well as channels for seeking LD’s
consultation and conciliation services (Chapter 12). It is available on
LD’s dedicated FDH Portal ([2]www.fdh.labour.gov.hk) and can be downloaded
at ([3]www.fdh.labour.gov.hk/res/pdf/FDHguideEnglish.pdf). FDHs can also
call LD’s dedicated 24-hour FDH hotline (2157 9537) for one-stop support
services.
On the other hand, members of the public (including FDHs) can seek free
legal advice from the Free Legal Advice Scheme provided by the Home
Affairs Department. For details, please visit the website at
[4]www.had.gov.hk/en/public_services/public_enquiry_services/provided.htm#4.
Note: Provided that the employee concerned has been employed under a
continuous contract and she has served a notice of pregnancy to her
employer.
Question 5:
From the day child care services perspective, to assist parents who cannot
take care of their young children temporarily because of work or other
reasons, the Government subsidies non-governmental organisations to
provide a variety of child care services, to meet the different needs of
the parents and their young children, including children of foreign
domestic helpers who are born in Hong Kong. For details of the services,
you may refer to the information via the following link:
[5]https://www.swd.gov.hk/storage/asset/sec....
In terms of education, the Government provides 12 years’ free primary and
secondary education to all children, including the children of FDH,
through public sector schools. Eligible children from the age of six,
irrespective of sex, ethnic origin, religious or ethical belief, family
status and physical or mental ability, have the right to enjoy basic
education in public sector schools.
In terms of healthcare, the children of FDH who are born in Hong Kong
could receive services at Maternal and Child Health Centres (such as
childhood immunisation program) same as an eligible person as long as they
fulfill the definitions of "eligible person". They could find health
educational materials translated in "Other Languages" (such as Tagalog and
Indonesian) on Family Health Service’s website.
([6]https://www.fhs.gov.hk/english/other_lan... Translated
hard-copy of Health Education materials could be provided to them if
needed.
Question 6:
As for now, there is no plan to change the prevailing arrangement that
upon birth registration, a child born in Hong Kong of whom either parent
is a non-permanent Hong Kong resident with a valid limit of stay will be
normally permitted to remain in Hong Kong on time limitation in line with
the limit of stay of his/her parent(s).
Question 7:
The HKSAR Government is firmly committed to promoting the rights of
children in Hong Kong and honouring its obligations under the United
Nations Convention on the Rights of the Child through legislation,
policies and practices, and has been taking extensive measures in various
policy areas, including education, health and welfare, to enhance the
rights and well-being of children comprehensively. Matters concerning
children’s rights and well-being cover a wide range of policy areas and
are taken care of by the respective policy bureaux of the HKSAR Government
for the best protection of children’s rights. The existing law, policies
and practices are subject to regular review for improvement on a continual
basis.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
From: LWB ENQ/LWB
Sent: Thursday, October 19, 2023 9:09 AM
To: 'David Wilson' <[7][FOI #1434 email]>
Subject: Re: Freedom of Information request - Additional information on
Foreign Domestic Helpers (FDHs) policies undertaken by the HKSAR
government since 2018
Dear Mr Wilson,
Your application for access to information dated 9 October 2023 has been
received. The application is now being processed and a reply will be given
to you in due course.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
Dear LWB ENQ/LWB,
Thank you for your responses. We like to ask some follow-up questions.
1) We understand that birth registration data records the parents' professions. How many birth records in the period from 2018-2023 list the mother's occupation as 'foreign domestic helper'?
Thank you for confirming that children of foreign domestic helpers can be permitted to stay in Hong Kong for the duration of their parent's lawful stay in Hong Kong.
2) During the period from 2018-2023, how many children were granted permission to stay in Hong Kong on the basis of the child being a dependent of a 'foreign domestic helper'?
3) What documents are issued to such children (ie, a stamp in passport, a residence permit, or other)?
Thank you for confirming that children of 'foreign domestic helpers' can attend school in Hong Kong. You refer also to 'eligible children' having a right to primary and secondary education.
4) Please could you confirm what the term 'eligible children' means and whether children FDHs must apply for permission to attend government-run or government-funded schools?
We also have some additional questions about foster care, if your organization cannot answer these, is it possible to forward these questions to the appropriate government organization.
5) From 2018-2023, how many children were taken into the care of the Government or placed in foster care due to a parent or parents being held in immigration detention?
6) If there is any data relating to the duration of such care arrangements or placements, we would request that as well.
Yours sincerely,
David Wilson
本局已收悉閣下的電子郵件。如有需要，我們會盡快作出適當跟進。謝謝。 勞工及
福利局 (此為電腦自動發出的訊息。) This is to acknowledge receipt of your
email. We shall take follow-up action, where appropriate, as soon as
possible. Thank you. Labour and Welfare Bureau (This is generated by an
auto-reply programme.)
Dear Mr Wilson,
Your follow-up email for access to information dated 31 October 2023 has
been received. The request is now being processed and a reply will be
given to you in due course.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
Dear Mr Wilson,
Further to our reply dated 9 November 2023, please note that the requested
information are not under the possession of the Labour and Welfare Bureau.
Having consulted the Education Bureau, the Immigration Department and the
Social Welfare Department, please note our reply as below.
Question 1:
According to the Immigration Department, the occupation of parents is not
a statutorily required item for the registration of births in Hong Kong.
The provision of such information by the parent is on voluntary basis.
The Immigration Department does not maintain the requested information.
Question 2:
The Immigration Department does not maintain the requested information.
Question 3:
The requested information is under the possession of the Immigration
Department.
Question 4:
The requested information is under the possession of the Immigration
Department and the Education Bureau
Question 5:
The Social Welfare Department does not maintain the requested information.
Question 6:
The Social Welfare Department does not maintain the requested information.
Since the requested information for Question 3 and 4 is under the
possession of the Immigration Department and the Education Bureau, please
let us know if you consent to transfer the request to the Immigration
Department and the Education Bureau for follow up.
Thank you.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
From: LWB ENQ/LWB
Sent: Thursday, November 9, 2023 5:40 PM
To: 'David Wilson' <[1][FOI #1434 email]>
Subject: Re: Freedom of Information request - Additional information on
Foreign Domestic Helpers (FDHs) policies undertaken by the HKSAR
government since 2018
Dear Mr Wilson,
Your follow-up email for access to information dated 31 October 2023 has
been received. The request is now being processed and a reply will be
given to you in due course.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
Dear LWB ENQ/LWB,
Thank you for your information. I do have a few follow up questions:
• What documents are issued to children who were granted permission to stay in Hong Kong on the basis of the child being a dependent of a 'foreign domestic helper' (ie, a stamp in passport, a residence permit, or other)?
• Please could you confirm what the term 'eligible children' means and whether children of FDHs must apply for permission to attend government-run or government-funded schools?
• For each year between 2018-2023, how many children were taken into the care of the Government or placed in foster care due to a parent or parents being held in immigration detention?
If the information cannot be found within the Immigration Department, could you please direct the question to the appropriate department, such as Social Welfare or the Education Bureau?
Yours sincerely,
David Wilson
本局已收悉閣下的電子郵件。如有需要，我們會盡快作出適當跟進。謝謝。 勞工及
福利局 (此為電腦自動發出的訊息。) This is to acknowledge receipt of your
email. We shall take follow-up action, where appropriate, as soon as
possible. Thank you. Labour and Welfare Bureau (This is generated by an
auto-reply programme.)
Dear Mr Wilson,
As stated in our reply on 20 November 2023, the information requested in
your question “What documents are issued to children who were granted
permission to stay in Hong Kong on the basis of the child being a
dependent of a 'foreign domestic helper” (ie, a stamp in passport, a
residence permit, or other)?” is under the possession of the Immigration
Department”.
The information requested in your question “Please could you confirm what
the term 'eligible children' means and whether children of FDHs must apply
for permission to attend government-run or government-funded schools?” is
under the possession of the Immigration Department and the Education
Bureau
Since the requested information for your two questioned are under the
possession of the Immigration Department and the Education Bureau, please
let us know if you consent to transfer the request to the Immigration
Department and the Education Bureau for follow up.
For the information requested in your question “For each year between
2018-2023, how many children were taken into the care of the Government or
placed in foster care due to a parent or parents being held in immigration
detention?”, please note that the Social Welfare Department does not
maintain the requested information.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
